Hurtado v Roebling Park, LLC
Motion No: 2010-06753
Slip Opinion No: 2010 NY Slip Op 77571(U)
Decided on July 22, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M105924

S/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-06753

Julio Hurtado, plaintiff, v Roebling Park,

LLC, et al., defendants third-party plaintiffs-

respondents; Fox United, Inc., third-party

defendant, State Farm Fire and Casualty

Company, third-party defendant-appellant.

(Index No. 23775/08)

DECISION & ORDER ON MOTION

Appeal by State Farm Fire and Casualty Company from an order of the Supreme Court, Kings County, dated April 29, 2010.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court